HF 2831

as introduced - 88th Legislature (2013 - 2014) Posted on 03/06/2014 01:58pm

A bill for an act
relating to elections; establishing an electronic voter registration system;
invalidating existing electronic voter registration system; appropriating money;
amending Minnesota Statutes 2012, sections 201.054, subdivision 1; 201.071,
subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 201.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2012, section 201.054, subdivision 1, is amended to read:

Subdivision 1.

Registration.

An individual may register to vote:

(1) at any time before the 20th day preceding any election as provided in section
201.061, subdivision 1 new text begin , or 201.065 new text end ;

(2) on the day of an election as provided in section 201.061, subdivision 3; or

(3) when submitting an absentee ballot, by enclosing a completed registration
application as provided in section 203B.04, subdivision 4.

Sec. 2.

new text begin [201.065] ELECTRONIC VOTER REGISTRATION.
new text end

new text begin Subdivision 1. new text end

new text begin System established. new text end

new text begin The secretary of state must establish and
maintain a system for electronic voter registration. The system must permit an individual
to register to vote and permit a registered voter to change the voter's name or address. The
electronic voter registration system must require the same information and include the
certifications provided in section 201.071, subdivision 1, paragraph (a). The secretary of
state must not allow any individual to access the system to register to vote or to change
voter information until the requirements of subdivision 7 are satisfied.
new text end

new text begin Subd. 2. new text end

new text begin Registration application. new text end

new text begin (a) At any time except during the 20 days
immediately preceding any regularly scheduled election, an eligible voter who meets
the requirements in paragraph (b) may register to vote in the precinct in which the
voter maintains residence by completing and submitting an electronic voter registration
application.
new text end

new text begin (b) An electronic voter registration application completed pursuant to this
subdivision must require an applicant to:
new text end

new text begin (1) provide the information required under section 201.071, subdivision 1, paragraph
(a);
new text end

new text begin (2) attest to the truth of the information provided in the application;
new text end

new text begin (3) have an electronic signature on file with the Department of Public Safety,
Division of Driver and Vehicle Services;
new text end

new text begin (4) sign the application in a manner consistent with the Uniform Electronic
Transactions Act, as provided in chapter 325L; and
new text end

new text begin (5) affirmatively authorize the secretary of state to use the applicant's signature
obtained by the Department of Public Safety, Division of Driver and Vehicle Services,
for voter registration purposes.
new text end

new text begin (c) The electronic voter registration application must be designed so that the
applicant must indicate that the applicant does or does not meet the requirements of the
certification of voter eligibility described in section 201.071, subdivision 1, paragraph
(b). If the applicant indicates that the applicant does not meet the eligibility standards,
the application must be rejected and the applicant notified in the manner described in
subdivision 5. The electronic voter registration application must be designed so that the
applicant must answer both of the questions in section 201.071, subdivision 1, paragraph
(c). If the applicant answers "no" to either question, the application must be rejected and
the applicant notified in the manner described in subdivision 5.
new text end

new text begin Subd. 3. new text end

new text begin Driver and vehicle services data. new text end

new text begin The director of driver and vehicle
services and the secretary of state shall develop a process and the infrastructure to allow
the electronic copy of the applicant's signature maintained by driver and vehicle services
to be transferred to the secretary of state to be used for voter registration purposes.
new text end

new text begin Subd. 4. new text end

new text begin Electronic signatures. new text end

new text begin (a) An individual may use an electronic signature
in a manner consistent with chapter 325L in submitting the electronic voter registration
application.
new text end

new text begin (b) For each electronic application, the secretary of state shall obtain an electronic
copy of the applicant's signature from the applicant's driver's license or state identification
card. The electronic signature must be associated with the voter's application in the system.
new text end

new text begin Subd. 5. new text end

new text begin Acceptance or rejection of application. new text end

new text begin (a) Upon submission of an
electronic voter registration application pursuant to this section, the electronic voter
registration system must verify the following information prior to the secretary of state
accepting the application:
new text end

new text begin (1) that the applicant has a Minnesota driver's license or state identification card and
that the driver's license or identification card number provided by the applicant matches
the number of the applicant's driver's license or identification card that is in the statewide
voter registration system;
new text end

new text begin (2) that the applicant has provided the last four digits of the applicant's Social
Security number and that the last four digits of the Social Security number provided by
the applicant match the numbers for the applicant's record that is in the statewide voter
registration system; and
new text end

new text begin (3) that the applicant has provided the applicant's date of birth and that the date of
birth provided by the applicant matches the date of birth for that person that is in the
statewide voter registration system.
new text end

new text begin (b) The secretary of state must not accept an application if:
new text end

new text begin (1) any of the required information provided by the applicant does not match the
information in the statewide voter registration system;
new text end

new text begin (2) any of the required information is not provided;
new text end

new text begin (3) the Department of Public Safety, Division of Driver and Vehicle Services does
not have a signature on file for the applicant; or
new text end

new text begin (4) the voter is already registered to vote at the same address.
new text end

new text begin (c) If an application is not accepted, the secretary of state must immediately notify
the applicant that the registration was not accepted and state the reason the application
was rejected. If all required information is provided and matches with the information in
the statewide voter registration system, and the Department of Public Safety, Division
of Driver and Vehicle Services has a signature on file for the applicant, the secretary of
state must accept the application. If the application is accepted, the secretary of state must
immediately notify the applicant that the application was accepted. The required notices
in this paragraph must be sent to the e-mail address provided by the applicant.
new text end

new text begin Subd. 6. new text end

new text begin Security. new text end

new text begin (a) The electronic registration system must be fully secure. The
Web site shall maintain the confidentiality of all users and preserve the integrity of the data
submitted. The secretary of state shall employ security measures to ensure the accuracy
and integrity of voter registration applications submitted electronically pursuant to this
section. All data sent and received through the system must be encrypted.
new text end

new text begin (b) Before the electronic voter registration system is accessible to the public, the
secretary of state must test the system. Once the system is accessible to the public, the
secretary of state must provide ongoing testing and monitoring to ensure continued
security. The secretary of state must work with the chief information officer or another
security expert to annually audit the security of the system.
new text end

new text begin (c) In developing the electronic voter registration system, the secretary of state must
consult with the chief information officer or the chief's designee to ensure the site is secure.
new text end

new text begin Subd. 7. new text end

new text begin Report to legislature. new text end

new text begin (a) By December 15, 2014, the secretary of state
must submit a report to the chairs and ranking minority members of the committees in
the senate and house of representatives with primary jurisdiction over elections that
addresses the following issues:
new text end

new text begin (1) a description of all costs incurred in developing the system and anticipated costs
to maintain the system;
new text end

new text begin (2) anticipated cost savings, if any;
new text end

new text begin (3) an explanation of all security measures of the system;
new text end

new text begin (4) an explanation of how all data is to be maintained, transferred, and protected;
new text end

new text begin (5) an explanation of all testing conducted regarding security and data transfers
and the results of the tests;
new text end

new text begin (6) an explanation of how all constitutional and statutory requirements of election
law are met by the system; and
new text end

new text begin (7) any other information regarding the system that the secretary of state believes
would be helpful to the legislature.
new text end

new text begin (b) If the report is submitted on or before December 15, 2014, the secretary of state
must not allow any individual to access the system to register to vote or to change voter
information until June 1, 2015. If the report is submitted after December 15, 2014, the
secretary of state must not allow any individual to access the system to register to vote or
to change voter information until June 1, 2016.
new text end

new text begin Subd. 8. new text end

new text begin Electronic registrations prior to effective date. new text end

new text begin (a) An electronic voter
registration system operated by the secretary of state prior to the effective date of this act
must no longer be operated and individuals must not be allowed to access the system to
register to vote or update voter information.
new text end

new text begin (b) An accepted voter registration application submitted electronically through
the secretary of state's Web site prior to the effective date of this act is deemed invalid.
Within 30 days of the effective date of this act, the secretary of state must prepare a list
of all individuals that registered electronically prior to the effective date of this act and
must challenge all of the individuals on the list in the statewide voter registration system.
The secretary of state must also, in the same 30-day period, notify all affected voters that
their registration is invalid. The notice must be sent by first class mail and to the e-mail
address provided by the applicant when submitting the voter registration application. The
notice must clearly state that the individual is not registered to vote and must re-register
prior to voting in the next election. The notice must also provide instructions on how
to register to vote.
new text end

Sec. 3.

Minnesota Statutes 2012, section 201.071, subdivision 1, is amended to read:

Subdivision 1.

Form.

deleted text begin A deleted text end new text begin (a) Both paper and electronic voter registration applications
must contain the same information unless otherwise provided by law. All new text end voter registration
application must deleted text begin be of suitable size and weight for mailing and deleted text end contain spaces for the
following required information: voter's first name, middle name, and last name; voter's
previous name, if any; voter's current address; voter's previous address, if any; voter's
date of birth; voter's municipality and county of residence; voter's telephone number, if
provided by the voter; date of registration; current and valid Minnesota driver's license
number or Minnesota state identification number, or if the voter has no current and valid
Minnesota driver's license or Minnesota state identification, the last four digits of the
voter's Social Security number; and voter's signature. new text begin An electronic voter registration
submitted under section 201.065 must include: (1) a current and valid Minnesota driver's
license number or Minnesota state identification number; and (2) the last four digits of the
voter's Social Security number. new text end The new text begin paper new text end registration application may include the voter's
e-mail address, if provided by the voter deleted text begin , and deleted text end new text begin . The electronic voter registration application
must include the voter's e-mail address. A voter registration application may include new text end the
voter's interest in serving as an election judge, if indicated by the voter.

new text begin (b) new text end The application must deleted text begin also deleted text end contain the following certification of voter eligibility:

"I certify that I:

(1) will be at least 18 years old on election day;

(2) am a citizen of the United States;

(3) will have resided in Minnesota for 20 days immediately preceding election day;

(4) maintain residence at the address given on the registration form;

(5) am not under court-ordered guardianship in which the court order revokes my
right to vote;

(6) have not been found by a court to be legally incompetent to vote;

(7) have the right to vote because, if I have been convicted of a felony, my felony
sentence has expired (been completed) or I have been discharged from my sentence; and

(8) have read and understand the following statement: that giving false information
is a felony punishable by not more than five years imprisonment or a fine of not more
than $10,000, or both."

new text begin (c) new text end The certification must include boxes for the voter to respond to the following
questions:

"(1) Are you a citizen of the United States?" and

"(2) Will you be 18 years old on or before election day?"

And the instruction:

"If you checked 'no' to either of these questions, do not complete this form."

new text begin (d) The paper registration application must be of suitable size and weight for
mailing. new text end The form of the voter registration application and the certification of voter
eligibility must be as provided in this subdivision and approved by the secretary of state.
Voter registration forms authorized by the National Voter Registration Act must also be
accepted as valid. The federal postcard application form must also be accepted as valid if
it is not deficient and the voter is eligible to register in Minnesota.

new text begin (e) new text end An individual may use a voter registration application to apply to register to vote
in Minnesota or to change information on an existing registration.

Sec. 4. new text begin APPROPRIATION.
new text end

new text begin $........ is appropriated from the general fund to the secretary of state in fiscal year
2015 to implement the requirements of this act. This is a onetime appropriation.
new text end

Sec. 5. new text begin EFFECTIVE DATE.
new text end

new text begin Sections 1 to 4 are effective the day following final enactment.
new text end